Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of
Terms
Deca ("Us" or "We") provides the Deca site and various related
services (collectively, the "site") to you, the user, subject to
your compliance with all the terms, conditions, and notices
contained or referenced herein (the "Terms of Use"), as well as any
other written agreement between us and you. In addition, when using
particular services or materials on this site, users shall be
subject to any posted rules applicable to such services or
materials that may contain terms and conditions in addition to
those in these Terms of Use. All such guidelines or rules are
hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE
EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE,
OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE
ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE
PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY
UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of 01.10.2010. We expressly
reserve the right to change these Terms of Use from time to time
without notice to you. You acknowledge and agree that it is your
responsibility to review this site and these Terms of Use from time
to time and to familiarize yourself with any modifications. Your
continued use of this site after such modifications will constitute
acknowledgement of the modified Terms of Use and agreement to abide
and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates"
include our owners, subsidiaries, affiliated companies, officers,
directors, suppliers, partners, sponsors, and advertisers, and
includes (without limitation) all parties involved in creating,
producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but
not limited to, Mobelli outdoor furniture is a premier supplier of
Garden and Patio furniture for homes, hotels, restaurants and guest
houses. Our dual focus on both the hospitality and home environment
means we follow the latest furniture trends and are able to supply
stylish garden and patio furniture which can also withstand the
harsh hospitality contract environment., and other like services.
You are responsible for providing, at your own expense, all
equipment necessary to use the services, including a computer,
modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole right to either modify or discontinue the
site, including any of the site's features, at any time with or
without notice to you. We will not be liable to you or any third
party should we exercise such right. Any new features that augment
or enhance the then-current services on this site shall also be
subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you will
be required to use an account and password that can be obtained by
completing our online registration form, which requests certain
information and data ("Registration Data"), and maintaining and
updating your Registration Data as required. By registering, you
agree that all information provided in the Registration Data is
true and accurate and that you will maintain and update this
information as required in order to keep it current, complete, and
accurate.
You also grant us the right to disclose to third parties certain
Registration Data about you. The information we obtain through your
use of this site, including your Registration Data, is subject to
our Privacy Policy, which is specifically incorporated
by reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws and
regulations, and you are solely responsible for the substance of
your communications through the site. By posting information in or
otherwise using any communications service, chat room, message
board, newsgroup, software library, or other interactive service
that may be available to you on or through this site, you agree
that you will not upload, share, post, or otherwise distribute or
facilitate distribution of any content -- including text,
communications, software, images, sounds, data, or other
information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or
policies;
b. victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or
bulk email (also known as "spamming"), chain letters, any other
form of unauthorized solicitation, or any form of lottery or
gambling;
e. contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our
employees or representatives.
We neither endorse nor assume any liability for the contents of
any material uploaded or submitted by third party users of the
site. We generally do not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive
services that may be available on or through this site. However, we
and our agents have the right at their sole discretion to remove
any content that, in our judgment, does not comply with these Terms
of Use and any other rules of user conduct for our site, or is
otherwise harmful, objectionable, or inaccurate. We are not
responsible for any failure or delay in removing such content. You
hereby consent to such removal and waive any claim against us
arising out of such removal of content. See "Use of Your Materials"
below for a description of the procedures to be followed in the
event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right
of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to another
network or server. Not all areas of the site may be available to
you or other authorized users of the site. You shall not interfere
with anyone else's use and enjoyment of the site or other similar
services. Users who violate systems or network security may incur
criminal or civil liability.
You agree that we may at any time, and at our sole discretion,
terminate your membership, account, or other affiliation with our
site without prior notice to you for violating any of the above
provisions. In addition, you acknowledge that we will cooperate
fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement
authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or
otherwise include references to information, documents, software,
materials and/or services provided by other parties. These sites
may contain information or material that some people may find
inappropriate or offensive. These other sites and parties are not
under our control, and you acknowledge that we are not responsible
for the accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such sites, nor are we responsible
for errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is
provided merely as a convenience and does not imply endorsement of,
or association with, the site or party by us, or any warranty of
any kind, either express or implied.
6. Intellectual Property Information
Copyright (c) 01.10.2010 Mobelli Outdoor Furniture All Rights
Reserved.
For purposes of these Terms of Use, "content" is defined as any
information, data, communications, software, photos, video,
graphics, music, sounds, and other material and services that can
be viewed by users on our site. This includes message boards, chat,
and other original content.
By accepting these Terms of Use, you acknowledge and agree that
all content presented to you on this site is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws, and is the sole property of Mobelli Outdoor
Furniture and/or its Affiliates. You are only permitted to use the
content as expressly authorized by us or the specific content
provider. Except for a single copy made for personal use only, you
may not copy, reproduce, modify, republish, upload, post, transmit,
or distribute any documents or information from this site in any
form or by any means without prior written permission from us or
the specific content provider, and you are solely responsible for
obtaining permission before reusing any copyrighted material that
is available on this site. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark and other
applicable laws and could result in criminal or civil
penalties.
Neither we or our Affiliates warrant or represent that your use
of materials displayed on, or obtained through, this site will not
infringe the rights of third parties. See "User's Materials" below
for a description of the procedures to be followed in the event
that any party believes that content posted on this site infringes
on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are
registered trademarks, trademarks or service marks of Mobelli
Outdoor Furniture or its Affiliates. All other trademarks or
service marks are property of their respective owners. Nothing in
these Terms of Use grants you any right to use any trademark,
service mark, logo, and/or the name of Mobelli Outdoor Furniture or
its Affiliates.
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material
that you transmit to this site or to us, whether by electronic
mail, post, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights
in such communications or material, you grant us and our agents and
affiliates a non-exclusive, paid-up, perpetual, and worldwide right
to copy, distribute, display, perform, publish, translate, adapt,
modify, and otherwise use such material for any purpose regardless
of the form or medium (now known or not currently known) in which
it is used.
Please do not submit confidential or proprietary information to
us unless we have mutually agreed in writing otherwise. We are also
unable to accept your unsolicited ideas or proposals, so please do
not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you
to do the same. If you or any user of this site believes its
copyright, trademark or other property rights have been infringed
by a posting on this site, you or the user should send notification
to our Designated Agent (as identified below) immediately. To be
effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you
believe has been infringed upon or other information sufficient to
specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the
copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to
contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to
notify the owner/administrator of the allegedly infringing webpage
or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief
that use of the copyrighted materials described above as allegedly
infringing is not authorized by the copyright owner, its agent, or
the law."
6. Include the following statement: "I swear, under penalty of
perjury, that the information in the notification is accurate and
that I am the copyright owner or am authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Mobelli Information Officer
Address:
P.O. Box 554
Paarden Eiland
7405
Phone: (021) 512-2662
You acknowledge and agree that upon receipt of a notice of a
claim of copyright infringement, we may immediately remove the
identified materials from our site without liability to you or any
other party and that the claims of the complaining party and the
party that originally posted the materials will be referred to the
United States Copyright Office for adjudication as provided in the
Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU
FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS
OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE,
AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION
OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to
engage in commercial transactions with other users and vendors. You
acknowledge that all transactions relating to any merchandise or
services offered by any party, including, but not limited to the
purchase terms, payment terms, warranties, guarantees, maintenance
and delivery terms relating to such transactions, are agreed to
solely between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY
AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH
ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR
THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH
THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the
opinions and judgments of an information provider, site user, or
other person or entity not connected with us. We do not endorse,
nor are we responsible for the accuracy or reliability of, any
opinion, advice, or statement made by anyone other than an
authorized Mobelli Outdoor Furniture spokesperson speaking in
his/her official capacity. Please refer to the specific editorial
policies posted on various sections of this site for further
information, which policies are incorporated by reference into
these Terms of Use.
You understand and agree that temporary interruptions of the
services available through this site may occur as normal events.
You further understand and agree that we have no control over third
party networks you may access in the course of the use of this
site, and therefore, delays and disruption of other network
transmissions are completely beyond our control.
You understand and agree that the services available on this
site are provided "AS IS" and that we assume no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY
WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS
AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN
CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING
WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold
us and our Affiliates harmless from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use or
misuse of this site. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will
cooperate with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality
of your password and account and for any and all statements made
and acts or omissions that occur through the use of your password
and account. Therefore, you must take steps to ensure that others
do not gain access to your password and account. Our personnel will
never ask you for your password. You may not transfer or share your
account with anyone, and we reserve the right to immediately
terminate your account if you do transfer or share your
account.
12. Participation in Promotions
From time to time, this site may include advertisements offered
by third parties. You may enter into correspondence with or
participate in promotions of the advertisers showing their products
on this site. Any such correspondence or promotions, including the
delivery of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between you and the
advertiser. We assume no liability, obligation or responsibility
for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat
Services
We may make email, messaging, blogging, or chat services
(collectively, "Communications") available to users of our site,
either directly or through a third-party provider. We make
available separate supplemental agreements characterizing the
relationship between you and us that, except where expressly noted
or contradictory, includes these Terms.
We will not inspect or disclose the contents of private
Communications except with the consent of the sender or the
recipient, or in the narrowly-defined situations provided under the
Electronic Communications Privacy Act, or as other required by law
or by court or governmental order. Further information is available
in our Privacy Policy.
We may employ automated monitoring devices or techniques to
protect our users from mass unsolicited communications (also known
as "spam") and/or other types of electronic communications that we
deem inconsistent with our business purposes. However, such devices
or techniques are not perfect, and we will not be responsible for
any legitimate communication that is blocked, or for any
unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the
maximum permitted storage space, we may employ automated devices
that delete or block email messages that exceed the limit. We will
not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no
representation that materials on this site are appropriate or
available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for
compliance with local laws. Any offer for any product, service,
and/or information made in connection with this site is void where
prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or
suspend your access to all or part of the site with or without
notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal
activity may be grounds for terminating your relationship and may
be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons
therefore, your right to use the services available on this site
immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or this site. We shall not be liable to you or any
third party for any claims or damages arising out of any
termination or suspension or any other actions taken by us in
connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from
our offices within the Republic of South Africa, United States of
America. It can be accessed from all 50 states, as well as from
other countries around the world. As each of these places has laws
that may differ from those of Republic of South Africa, by
accessing this site both of us agree that the statutes and laws of
the State of Republic of South Africa, without regard to the
conflicts of laws principles thereof and the United Nations
Convention on the International Sales of Goods, will apply to all
matters relating to the use of this site and the purchase of
products and services available through this site. Each of us
agrees and hereby submits to the exclusive personal jurisdiction
and venue any court of competent jurisdiction within the State of
Republic of South Africa with respect to such matters.
17. Notices
All notices to a party shall be in writing and shall be made
either via email or conventional mail. Notices to us must be sent
to the attention of Customer Service at info@mobelli.co.za, if by
email, or at Mobelli Outdoor Furniture 92 Regent Road, Sea Point,
Cape Town, 8005 if by conventional mail. Notices to you may be sent
to the address supplied by you as part of your Registration Data.
In addition, we may broadcast notices or messages through the site
to inform you of changes to the site or other matters of
importance, and such broadcasts shall constitute notice to you at
the time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and
understanding between us concerning the subject matter of this
agreement and supersedes all prior agreements and understandings of
the parties with respect to that subject matter. These Terms of Use
may not be altered, supplemented, or amended by the use of any
other document(s). Any attempt to alter, supplement or amend this
document or to enter an order for products or services which are
subject to additional or altered terms and conditions shall be null
and void, unless otherwise agreed to in a written agreement signed
by you and us. To the extent that anything in or associated with
this site is in conflict or inconsistent with these Terms of Use,
these Terms of Use shall take precedence.
19. Miscellaneous
In any action to enforce these Terms of Use, the prevailing
party will be entitled to costs and attorneys' fees. Any cause of
action brought by you against us or our Affiliates must be
instituted with one year after the cause of action arises or be
deemed forever waived and barred.
You may not assign your rights and obligations under these Terms
of Use to any party, and any purported attempt to do so will be
null and void. We may free assign our rights and obligations under
these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use
for any commercial purposes any portion of this site, or use of or
access to this site.
In addition to any excuse provided by applicable law, we shall
be excused from liability for non-delivery or delay in delivery of
products and services available through our site arising from any
event beyond our reasonable control, whether or not foreseeable by
either party, including but not limited to, labor disturbance, war,
fire, accident, adverse weather, inability to secure
transportation, governmental act or regulation, and other causes or
events beyond our reasonable control, whether or not similar to
those which are enumerated above.
If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these
Terms of Use or related rights shall not constitute a waiver of
that right or provision.
20. Contact Information
Except as explicitly noted on this site, the services available
through this site are offered by Mobelli Outdoor Furniture, an
Mobelli Outdoor Furniture, located at Ground Floor, Island Centre,
Paarden Eiland Road, Paarden Eiland, Cape Town. Our telephone
number is (021) 512-2662. If you notice that any user is violating
these Terms of Use, please contact us at info@bellini.co.za.